The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-07-31
THE TINE To VOTE.


though somewhat long delayed.
Faithfully your, JRFPERs IN DAVIS.
THE THE TO VOTE.
Tho Right OF the LeEisIaiure-ihe
mispriot I'm the Consultation.
To tho Editor Of tho Appeal;
SrR-In the lat communication OF
my friend Maj. Wilson, he says he
d Tiers with me about this being can
uniavorable time to discuss the legal is-
pect oil this question" What 1 did
say and what you report ms as saying
was that the discussion was not peril.
nent TO any issus now. II was peril.
nent when the legisIsture WAS about
TO fix the time and may become 60 sf.
ter the election, II the courts should
be called upon 10 pass on II. NV IL
Is ns irrelevant to the question, how
many votes are required for prohi.
biiion AZ Ia the discussion If tbs ase
OF the world. The election Ia ordered.
aud II will not cost the people q cent
more to vote than IL will II they do
not vote. And every man who with.
holds his vote for this cause, will show
himself incapable Of discriminating
between the course OF safety and the
folly oil being frightened by his own
shadow. II there Is q failure TO carry
prohibition now, the question will
be precludsd for six years to come.
whereas vote now In favor OF pro.
hlbiton will put upon the advocates
OF Tree whisky TO prove to the courts
that when the Constitution gives the
Legislature unlimited power 10 tx the
time OF the election. II at the sam,
time restricts them 10 one rarticular
day. The Legislature may fix any
time, but according 20 the copstrue.
iion contended for, any time means
one particular day.
"Let Judge Heiskell tell the public
"how msjorliy Of all the eirzsas of
this , ate 80 voting can be legally
'pslled at the election IA Sept mbe ~
Answer-Article IL, ssoticn 8 II the
CONSTITUTION provides after an amend
mfnl has pastsd two Legislatures.
then II shall be the duty Of the Gen.
"sial As emily TO submit the p,o.
"'poeed amendment 10 the people In
such q manner, AND AT such TINE
a. tie General Assembly ssall pre-.
'scribe." ''
Now, II cannot be denied that tho
General Assembly, under the above
provision, can hI ANY rlHs IL choo.,
Tor this election, and that when N
"preecrbes" the time il will be ron.
shsudonal and legal 10 hold the elsc. |
ton on the day 10 "prescribsd" Un.
der the above provi,ion Oh. Laglel..
lure has "preecribed" the 90 day of |
September, 1887, as toe tins
10 hold this election, therefore.
the election held on tba, day viii bs
consilutional-a legal election
That, then, is settled. Thsniths con.
stitution provides: "Ii the psopl. |
shsl approve and rstiiy surh amebd.
ment, by q msj ority OF al ths cit.
Eens OF the stste, voting Tor repre-.
sentativer, voting Ia its fyor, sueh
amendment shall become q part of
"this Oonsti ulion."
Now, II the General Assembly fixas
the time for hoIdipg the election on
an amendment 10 the Oonsti tuition, AT
time when there 10 no election for
representatives as IL has been shown
above, II has Q right TO do. Tbs
question 10 with wat vote for repre.
sentaiives will you compare the vol.
en- the Constitutional amspdment?
olsarly with the last preceding vote
Tor representatives, aud for the very
plain reason that the representatives,
elected at that election wers
the Representatives who bv
q two. thirds vote p,m.d
the amendment and submitted n 10
the people; aud II the people adopt
the amendment by the sans vote a
they cast when they elected their rem.
rcsentativss 30 submit the queston 10
them, ths provisions OF ths Oonstitn.
ton IN letter aud spirit are a. folly CON.
piled with as II the election on the
had been held at IN same
time a. the election for representa-
tves. In the one case there are two
leste, In the other two tests. Az 10
my fnend's answer II the argumsn, on
the word "times," DOS he not tank
his answer very miid7 OF course, 1
will and ON page 436, Of the c1nyrn.
tion iolfnal, "a imprinted, that al Of
the members OF the convention signed
the Constitution with the word "tmes"
In a.. But my theory ie, that they
signed IL with tbs word Tune" aud
not times" In u, aud when the Con.
stitution was printed, slime" vas mis-.
printed times" IL was argued and
proved by the j'urnal itseli, that tne
Oonstitution had not been changed In
This respect, and that the word
'umse," therefore, could Iot bs right.
Aud nov, having answered what
.eema 20 be the whole substance of
MAJ. Wilson's communication, permit
mo TO say II We carry the amendment
by a majority OF the votes cast on
September ~, 1887, aud tina. msiority
vote equals one half and one over Il
ne vote csst at the last election Tor
representatives., there need 10 no
ears Of "a hash in the pan" No; IA
will not be Fash In tho pan, but tho
lear, ringing crack Of the true rife,
md u will knock the black out IL
will ring the bell. Yes, all of the
BELLS will riug from Carter 60 Shelby,
Ind we and our children will be
blessed from generation 10 geneva ION,
Q. W. HEIsKELL.
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